At the commission meeting on April 7th, Commissioner Beerbower read a statement about zoning. FortScott.biz offered to run a copy of his written statement, but the written text was not provided. Below is a transcript of his statement taken from the recording with only light editing to make it easier to read. The recording is the authoritative version and can be found here.
I would like to take a few minutes to speak about zoning. I would like to clarify several statements I made last week. In last week’s announcement to a panel advisory board in reference to Bourbon County’s enacting of zoning regulations. Stating is not a matter of if we zone, but how we zone. I have read the postings and comments on facebook, received phone calls, phone messages and texts, don’t start jumpin’, John, there were only four of ‘em. I am a proponent of social media, and see it as a platform for practicing our first amendments rights. I encourage people to voice their opinions whether they are for or against, or on the fence about a subject. Communicating is a chief component to a compromise. No community of friends, family friends and neighbors will survive without compromise. Based on a few posts and comments, you would believe that zoning is a bad taboo. The reality is that the wrong people are using the negative stima, to further their personal agendas. Last week was, to say the least, very frustrating. I take the blame as I bumbled and stuttered my way through announcing our intent to enact zoning regulations on industrial development. The discussion of this agenda item turned into a free-for-all with too many people talking at once. Me included. At times this is a struggle as I become impatient and too eager to reply. Maybe the classroom rule of raising one’s hand is needed.
I welcome the public’s input on agenda items, but they should come at the end of the commissioners discussing them. I didn’t allow that to happen before I was finished presenting it. When people talk, listen completely. People, most people never listen. That’s Ernest Hemingway. Are we listening to what is being said, or are we just hearing what we believe we already know? I did say three times, it was not a matter of if we were going towards zoning, rather what will zoning look like. Let me explain how I came to this belief that we are moving toward zoning. The issue of zoning is a touchy subject. But, in response to one of the facebook comments, it’s not just about solar. Solar became, because of our present circumstances, is at the top of the list as why this county needs to be zoned.
All three commissioners, Krueger, Wisenhunt and I sworn in on January 13th, made zoning a part of our campaigns. Commissioner Krueger, prior to his resignation, took the lead on researching zoning regulations for the county to adopt. Chair, Chairman Wisenhunt, while serving in the previous commission, had asked Shane Walker to begin constructing a preliminary map established in all non incorporated areas as agricultural. Requiring any other industries to receive board of commissioner approval. This included discussion from both former commissioners, Clifton Beth and Jim Harris who recently reached out to me because they thought I had said the county staff had been assigned by the previous commission. They were not listening, or rather they were gossipers who told them or was not listening. Nothing has changed with Beth, who just wanted to argue. Ironically, it was the actions, rather inactions, of these two former commissioners, that we are even having this discussion.
After learning of the first set of solar agreements, signed November 13, 2023, without prior knowledge of the stakeholders, without any public notice of this industry’s intention to establish in Bourbon County, no public hearings, nothing total lack of transparency until the agreements were signed. This on the notion, that because of the county not being zoned, that landowners have total dominion over their property. Ignoring the fundamental rights guaranteed in the Declaration of Independence, and the U.S.Constitution, and as affirmed by the United States Supreme court that sole dominion of one’s property comes with the responsibility not to interfere with their neighbor’s rights, to include not putting them at risk. This stance of no recourse was repeated to non-participating neighbors who came those the commissioners for help, after learning that these huge solar sites, uh, panels numbering in the hundreds of thousands would be coming to a field near them. Only to hear from this board that only if citizens had been for zoning, uh, referring to a group that opposed the wind turbines, three years prior. Doubling down, stating they had no authority, because we are not zoned.
Some of these sites would be near the neighboring houses, maybe even as close as twenty-five feet. A fun fact. I have not, I have heard of no participating landowner having panels close to their own homes. That’s point one of why I said it’s not a matter of if zoning is being implemented. Point two, the former commission, who in their attempt to appease this growing group of neighbors, and a changing public opinion, requiring them to take action, uh, point two, is about, was about a temporary moratorium in the paneling of an advisory board. A zoning recommendation by this committee was ignored although the recommendations was never really conveyed by the committee leader. The committee members that were committed to finding solutions, had recommended zoning as a tool needed to regulate industries wanting to establish in Bourbon County. Point three, also from the previous commission, and this should clarify questions, uh, that I had received as to why voters are not deciding the zoning issue. From the first neighbor addressing this previous board, the issue of zoning was used as a stall tactic. Gathering a petition was a wild goose chase telling them it could be placed on the ballot this last election for voters to decide on zoning. Only to learn that zoning is not a ballot measure, but a commission action. It makes me wonder their intentions all along. Were they just in support of a few landowners? Funny, how now I’m hearing how this new commission is enacting zoning to support just a few disgrunted neighbors, disgruntled neighbors.
We need to do what is right, and now we need to do what is right for the whole county. Ironically, this commission supports all stakeholders in this situation. The move to zoning, the pending litigation, neither is designed to stop this solar, these solar projects. What I have read on social media, viewed, in the past meetings and had one on one discussions, is that most people believe the negative statement about zoning. Landowners, farmers, and ranchers, especially generational families, are very passionate about their land. Protecting their land has been ingrained over decades from one generation to the next. Our mistrust in government is equally ingrained. This speech is a case study of how just a couple of members of government can divide a whole community. The purpose of government legislation is to preserve the health, safety and welfare of the people. Although this basic principle, that is lost in today’s political arena, I choose not to abandon it.
Zoning is the practice of local governments to regulate land use through ordinance for the preservation and economic growth, while aiming to protect public health, safety and welfare. Zoning laws are tools used to control land development, minimizing risks, hazards, and reducing adverse effects to preservation and conservation of the land. Zoning is widely accepted and is firmly rooted in the U.S,. juris prudence. Zoning in the United States, dates back to the late 1800’s but became widely used in the early part of the twentieth century. Kansas adopted the Standard Zoning Enabling Act in 1924. This allowed for local governments to create and enforce their own zoning ordinances, regulating land use within their jurisdictions. Oddly, interestingly is that the concept of zoning follows the period in American history referred to as the second industrial revolution which saw widespread urbanization in to large cities like Los Angeles and New York, causing overcrowding and poor living and working conditions, pollution, and other health and safety concerns.
Those that hold onto the out-dated ideology that zoning is somehow robs their freedom and right to do whatever they want on their land are short-sighted. The Homestead Act of 1862, which allowed homesteaders to purchase land from the Louisiana Purchase, including Kansas, had stipulations including the requirements to live on and cultivate the land for five years, build a home and make improvements before gaining full ownership. This was just the nuts and bolts of what the government was telling these future landowners to do.
Just like the industrial revolution of the early 1900’s, saw urbanization in America drawn away from rural communities to bigger cities, today’s industrial development looks to invade rural areas not for manpower, but for the land. Let me reiterate. It is not a matter of if we will zone, it is a matter of what zoning will look like. I believe zoning is a tool needed to help Bourbon County’s economic growth.
Thank you for listening this evening. I hope this gives a little more insight on this, on the issue of zoning in Bourbon County. I invite you to submit letters of interest to me on the zoning advisory panel. Also, I encourage you to participate in an upcoming public hearing to further discuss this issue of zoning. Thank you.
